A thesis submitted in partial fulfillment of the requirements for the degree LL.B (Hons), Department of Law. I am Tahrin Chowdhury student of LL.B (Hon's) hereby solemnly declare that the presented work has been carried out by me and submitted in fulfillment of the requirement for the degree of Bachelor of Laws LL.B (Hon's). This is to certify that the thesis on "International Environmental Principles and It's Applicability in Legal System of Bangladesh" by Tahrin Chowdhury is being done in partial fulfillment of the requirements for the degree of LL.B (Hon's) of Daffodil International University of Bangladesh .
The environment is one of the most demanding issues today. Not only are environmentalists concerned about the environment, but there have been few protests about saving the environment. These principles are part of the law and form the basis of every other environmental project and strategy and all new international environmental instruments. In other ways, Bangladesh is working to take care of the world's environment and continues to ratify every environmental convention and state conference.
The objectives of this paper to find out about the existing principle in international platform, the enforceability of the laws in Bangladesh related to the environment and the status of the court and how the legal system makes it all work in Bangladesh.
Introduction -------------------------------------------------------------------- 2-4
- Background
- Statement of Problem
- Research Questions
- Objective of the study
- Conceptual Understanding
- Methodology
It will reveal the current situation of the legal system and the applicability of the international principle in accordance with the national laws and the role of the judiciary in relation to the environment in Bangladesh. The study will also give some recommendations if any needed to make the enforcement stronger and make the judiciary more inclined towards natural justice. In the 1960s, several interest groups took note of environmental changes and realized the suffering and consequences from which public awareness began to rise and more people began to know about environmental law.
In the 1990s, some non-governmental organizations were engaged in solving environmental issues, among them were the Bangladesh Environmental Lawyers Association and the Bangladesh Poribesh Andolon, which set the standard for environmental law in Bangladesh with their judicial and extrajudicial activism.3. This study will be conducted based on analytical approach, socio-legal approach and comparative approach. Socio-legal approach: This research will also be a socio-legal approach, as environmental damage is a social problem, and legal means will also be explored to eliminate this problem.
Comparative approach: As international and national environmental instruments will be discussed, this research will also use a comparative approach. Primary Source: The primary source that we will follow in this research will be environmental principle, environmental law and jurisprudence related to the statute of Bangladesh. Data Collection Tools: For data collection, I would need help in the form of books, scholarly works, articles, journals, case reports, legislation, contracts, historical records, some studies and online online materials.
Principle of International Environmental Law ------------------------ 5- 9
- Precautionary Principle
- EIA
- Polluters Pay Principle
- Sustainable Development
- Co operation principle
- Inter Generation Equity
- Equitable Utilization of Shared Resources
Each country is expected to consider the environmental aspects for their design of the projects and through consultation and preparation of a report build the proposed project so that it does not make any kind of bad impact on the environment.10. The polluter pays principle is part of a set of broader principles to guide sustainable development worldwide13 Most of the time the 'polluter pays' principle of government is taken in the form of fiscal.14. Polluters pay principle favors to make the defaulter correct, but less concerned about the idea of guilt. 16.
It means a development or a process that not only meets the needs of the present, but also the future generation without compromise17 The concept first came to light in 1987 with the publication of the Brundtland report. 17 What is sustainable development
Today, the Sustainable Development Goals Division (DSDG) of the United Nations Department of Economic and Social Affairs (UNDESA) provides support to States Parties in achieving these goals to make that future better for our future generation and also livable for our current generation. 20. 19 IISD, Sustainable Development
It shows a concept of fairness between generations in the use and conservation of the environment. The principle is the backbone for the sustainable development, therefore sustainable development or the concept of Sustainable development was established from this principle. 2 of the 1997 UN Convention on the Right to Non-Navigational Uses of International Watercourses, which stipulates that the parties must take all appropriate measures to ensure that international watercourses and use them in a reasonable manner that also supports fair use.
Laws that is regulated in Bangladesh for Environmental Protection 10- 12
- Environment Conservation Act 1995
- Environment Courts Act 2000
- Brick Manufacturing and Brick Kilns Establishment (Control) Act, 2013- 12
- The precautionary Principle's application in court
- Polluters pay's application in court
Criticism of the Act: This Act was provided by the environmental policy of 1992 and the national environmental management action plan of 1995. It is not accompanied by the Constitutional Mandate as it is not mentioned in Bangladesh's Environmental Conservation Act. The big problem with this law is that the court can only hear any case if it stems from the Environmental Conservation Act 1995, but not from the other environmental laws.35 This Act also has some loopholes.
According to section 4 of the ECA, the environmental court consists of a joint district judge who is required to perform the functions of the environmental court in addition to his general duties" which makes his workload heavier and therefore has difficulties in fulfilling his special powers and general duties. According to Principle 4 of the Rio Declaration 1992, it is given that "In order to achieve sustainable development, environmental protection will form an integral part of the development process and cannot be considered in isolation from it"38. Following this demand by applicant and with adopting the locus Sandi, the Appellate Division found that the right to a healthy environment is acceptable under Article 102 of the Bangladesh Constitution.
Rather, Justice ATM Afzal stated that it should be in the 'context of involving concern for the preservation of the environment, irrespective of the location where any person is at risk'40. The precautionary principle is mainly used where there is scientific uncertainty and decision makers can consider what is harmful and not because of their activities for the environment. have a significant impact on the environment before it is approved for construction or begins its proposed activity.43. In Bangladeshi law and Bangladeshi judicial precedent, the precautionary principle is taken as a guiding but not binding principle.44 In Bangladesh, the court looked at the severity of environmental damage to determine whether there is any need for a precautionary approach.45 but it is with great regret that Bangladesh does not treat PP as common law, where Indian courts avoid these strict rules and procedures of evidence and application and follow the precautionary principle as common law, which gives it respect.46 Moreover, the Bangladeshi judiciary has adopted the Rio Declaration of 1992. 'convincingly value' as Bangladesh signed the declaration.
But in the meantime, the judiciary believes that an international agreement can only be implemented when it is enforced under national laws or part of the legal system of Bangladesh.47. Ashraful, Application of the Principles of International Environmental Law in the National Legal System of Bangladesh: A Critical Examination of the Legal Basis and the Position of the Judiciary (IOSR Journal Of. Humanities And Social Science (IOSR-JHSS) Vol. 19, Issue 5, Ver. 0845) Thirdly, the people of Bangladesh should become aware that they have the right to the environment and what actions are against their rights. Therefore, these are some of the recommendations that I would like to see both the government and the judiciary take up. After analyzing the entire legal framework and related cases, it can be concluded that there is no direct application of the principles of international environmental law in Bangladesh. While the judiciary has in some cases attempted to explain the different approaches between the principles of international environmental law and the existing details of Bangladesh's regime, it has been very cautious about applying this principle directly at the national level. In the advancement of environmental law, like many other countries, the Constitution of Bangladesh should include the strong provisions regarding the protection and conservation of the environment so that the fundamental and recognized principle of international environmental law can be very effortlessly incorporated into the domestic legal system can be implemented. Another important point is that it is high time to include environmental law in the constitution. This is one of the fundamental rights. So, like many other modern constitutions of the world, Bangladesh should include in a constitution at least some basic principles of international environmental law. The environmental laws that have passed this passed in Bangladesh are not adequate respect of the international perspective. Is Bangladesh a party to international conventions, prayers regarding the environment take several initiatives to implement environmental laws. Legal experts to assert set correct implementation of most of the existing laws can undoubtedly be a many environmental problems. There are certainly some loopholes in most of the laws made by Bangladesh or enforced by Bangladesh, therefore Bangladesh needs more effective laws and guidelines to do more environmental protection and conservation. Noor Mohammad, Development of Environmental Law and Policy in Bangladesh: An Overview, (The National University of Malaysia, Published - 2013). Ashraful, Application of Principles of International Environmental Law in the Domestic Legal System of Bangladesh: A Critical Study on the Legal Framework and. Jona Razzaque, Access to Environmental Justice: The Role of Justice in Bangladesh, (Published 2000) Remedies and Recommendation to Judiciary system ------------------ 16- 17
Recommendations to Judiciary System
